IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100011776
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be issued a DD Form 214 (Report of Transfer or Discharge) in lieu of a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
2. The applicant states:
* The National Guard sent him an NGB Form 22 but it should have been a DD Form 214
* While in the Rhode Island Army National Guard (RIARNG), he was ordered to active duty during the period March 1967 to February 1969 and assigned to the 107th Signal Company
* He was transferred back to the 103rd Artillery, RIARNG and received a discharge from that unit
* Since he was activated for 2 years he should have received a DD Form 214
* He wants his military records corrected to allow him to receive Department of Veterans Affairs benefits
3. The applicant provides:
* Honorable Discharge Certificate from the RIARNG
* NGB Form 22
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the RIARNG on 21 October 1964. He was ordered to active duty for training on 24 June 1965 and released from active duty on
6 November 1965. He was issued a DD Form 214 for his active duty service during the period 24 June 1965 to 6 November 1965.
3. On 20 October 1970, the applicant was honorably discharged from the RIARNG.
4. There is no evidence of record which shows the applicant served on active duty during the period March 1967 to February 1969.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states, in pertinent part, that a DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous active duty for training, full-time National Guard Duty, active duty for special work, temporary tours of active duty, Active Guard Reserve service, or after completing initial active duty for training which resulted in the award of a MOS, even though the active duty was less than 90 days.
DISCUSSION AND CONCLUSIONS:
The applicant contends he served on active duty from March 1967 to February 1969. However, there is no evidence of record and the applicant has provided no evidence which shows he served on active duty from March 1967 to February 1969. Therefore, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100011776
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ABCMR Record of Proceedings (cont) AR20100011776
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